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(영문) 인천지방법원 2016.02.16 2014가단78361
임금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion was employed by the Defendant and served from August 1, 2012 to January 31, 2014. However, the Defendant is obligated to pay the Plaintiff the amount of KRW 5,000,000 as wages for November 2013, and the amount of KRW 5,000,00 as wages for December 2013, and KRW 5,000,000 as wages for January 2014, and KRW 7,357,050 as retirement allowances, and delay damages for the amount of KRW 22,357,050 as wages and retirement allowances.

2. Determination:

A. According to the statements in Gap evidence Nos. 2 and 6, it is recognized that the plaintiff performed the duty of structural design, etc. relating to the construction project that the defendant initiated, and received a certain amount of wages every month in return.

B. On the other hand, there is no dispute between the parties, or there is no separate settlement from the defendant's officers, i.e., the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 1, 2, 4, 5, 7, and Eul evidence Nos. 3-1 through 11, i.e., ① the plaintiff is a representative director of D established for the purpose of engineering services, and the plaintiff was working at the defendant's office for several months, and thereafter there was no specific instruction or supervision on the performance of duties from the defendant's officers. ② The plaintiff did not have any specific direction or supervision on the performance of duties from the defendant's officers; ③ the plaintiff reported the performance of services by submitting structural calculation statement, etc. to the defendant; ④ there was no separate settlement from the defendant's officers; ④ the defendant applied the company service rules regulations to the plaintiff, withheld the income tax through withholding the national pension industrial accident compensation insurance, and ⑤ the plaintiff did not know that there was any material for the defendant's work.

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